Versus Trump: State Immunity Under The VRA + Adios, Easha :(

2/13/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!

Charlie Gerstein

Civil Rights Corps

Was Impeachment Good Or Bad? The Conclusion

2/9/20  //  Commentary

Last week, I took both sides of a series of important, related question: was Trump’s impeachment a good thing for democracy? The rule of law? For Democrats? Now I have to render a verdict. Which one was it?

Versus Trump: Was Impeachment Good or Bad?

2/6/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss Jason's ongoing essays for the Take Care blog about whether impeachment was good or bad, net-positive or net-negative. This leads them to discuss whether the Democrats should have more aggressively pursued witnesses and whether this whole proceeding did much to vindicate the rule of law. Listen now!

Charlie Gerstein

Civil Rights Corps

Was Impeachment Good Or Bad? The "Bad" Side

2/5/20  //  Commentary

I'm not sure whether the impeachment and expected acquittal of Donald Trump was a good or bad thing. This series presents both sides. In this post, I make the "bad idea" case.

Was Impeachment Good Or Bad? The "Good" Side

2/4/20  //  Commentary

I'm not sure whether the impeachment and expected acquittal of Donald Trump was a good or bad thing. This series presents both sides. In this post, I make the "good idea" case.

Versus Trump: Vs. The Inaugural Committee, Plus Bolton Update

1/30/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. Listen now!

Charlie Gerstein

Civil Rights Corps

SCOTUS should hear the ACA case now.

1/15/20  //  Commentary

The government's filings on why the Court should delay hearing the case only underscore the reasons for the Court to end this litigation now.

Leah Litman

Michigan Law School

Versus Trump: Year-End Mailbag

12/29/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie answer listener questions about impeachment, bribery, sanctions, and more! Thanks again for another great year. Listen now!

Charlie Gerstein

Civil Rights Corps

Trump and Text: An Open Relationship

12/23/19  //  Commentary

President Trump claims he is appointing federal judges who will stick strictly to constitutional text. But he has shown few qualms about ignoring parts of the Constitution he finds inconvenient.

On Clerkships & Wasted Opportunities

12/23/19  //  Commentary

An HLS Clerkship Blog encapsulates some of the challenges to the profession in light of Trump’s reshaping of the federal judiciary.

Leah Litman

Michigan Law School

Impeachment Trials and the Senator’s Oath of Impartial Justice

12/19/19  //  Commentary

Senators who vote on removal following impeachment trials must take an oath akin to that of a juror. The oath requires them to be impartial and vote regardless of the president's party affiliation. Will Senators do that here?

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Versus Trump: Method or Manner?

12/19/19  //  Commentary

On this week’s Versus Trump, Easha and Charlie discuss the Trump Administration’s efforts to resume federal executions after a decade-and-a-half hiatus. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The Writing Is on the Wall for Obamacare

12/19/19  //  Commentary

With the Trump administration's support, the Fifth Circuit ruled yesterday that the health-care law contains a constitutional flaw—and that most or all of the law may have to be scrapped.

Nick Bagley

University of Michigan Law School

Madness into Dissent

12/17/19  //  Commentary

Democratic dissents are the last good thing coming from Trump’s NLRB. Now they’ll disappear.

Charlotte Garden

Seattle University School of Law

Versus Trump: We're Famous! And There Are Articles

12/12/19  //  Commentary

On this week’s Versus Trump, Jason, Charlie, and Easha respond to Rep. Matt Gaetz's shoutout to this podcast during the Judiciary Committee's impeachment hearings. They then discuss their reactions to the Democrats' strategy with their public hearings and articles of impeachment. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco